Goodwin Releases Annual Review of Key Developments Within the Consumer Financial Services Industry

Goodwin announces the release of its third annual Consumer Finance Year in Review, an in-depth report that analyzes the principal litigation, enforcement actions and regulations that have impacted the consumer finance industry over the prior year. This report synthesizes Goodwin’s consumer finance coverage from 2017 and offers predictions and insights…

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D.C. Circuit Issues Long-awaited Decision in PHH Corp. v. CFPB, Reinstating the Panel's RESPA Holdings

On January 31, 2018, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit), sitting en banc, issued its long-awaited decision in PHH Corp. v. CFPB, holding that the provision of the Dodd-Frank Act shielding the single director of the CFPB from removal without cause is constitutional.  In all,…

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CFPB Files Suit Against National Debt-Settlement Services Provider For Allegedly Misleading Consumers

On November 8, 2017, the Consumer Financial Protection Bureau (“CFPB”) announced it filed suit in federal court in California against a national debt-settlement services provider and its CEO based on alleged violations of the Consumer Financial Protection Act, 12 U.S.C. §§ 5531, 5536(a), 5564, 5565, the Telemarketing Consumer Fraud and Abuse…

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Ohio AG Files Complaint Against California Loan Modification Companies Over Misrepresentations

​On November 6, the Ohio Attorney General’s Office (Ohio AG) announced that it had filed a complaint in Ohio state court against a California man and two companies he owned (the California Companies) for making deceptive promises in connection with loan modification assistance to consumers.  The California Companies contacted consumers and offered them loan modification services for purchase,…

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Utah Bank Settles with U.S. Attorney's Office for the Eastern District of Pennsylvania

On September 28, 2017, the United States Attorney’s Office for the Eastern District of Pennsylvania (USAO) announced it entered a $3.6 million settlement agreement with a Utah Bank and its affiliated payment processor to settle allegations that the bank and its processor committed fraud by illegally debiting money for specific telemarketing and Internet marketing merchants (Merchants). The USAO’s settlement is the…

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CFPB Enters Consent Order with Lead Aggregator For Steering Consumers to Illegal Loans

On September 6, 2017, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with a lead aggregator over claims the aggregator steered consumers towards lenders who offered installment or payday loans that were illegal in consumers’ states.  The consent order claimed that the aggregator sold loan applications to lenders…

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CFPB Secures Stipulated Final Judgment Against Credit Repair Company

​On August 30, 2017, the Consumer Financial Protection Bureau (CFPB) announced that it had filed a stipulated proposed final judgment in the U.S. District Court for the Central District of California in a case against a California-based credit repair company. The lawsuit, which was initially filed in September 2016, alleges that the credit repair…

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Massachusetts AG Obtains Preliminary Injunction Against Debt Collection Law Firm Over Illegal Practices

On July 13, 2017, the Massachusetts Attorney General’s Office (“Massachusetts AG”) announced​ that it obtained a preliminary injunction against a debt collection law firm and its principal attorney.  The Massachusetts AG alleged that the law firm engaged in unlawful collection practices, in violation of the Massachusetts AG’s debt collection regulations. The law firm collected debts for…

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HUD Bans Mortgage Lender from Originating FHA-Insured Loans Because of False Financial Statements

​On July 11, 2017, the United States Department of Housing and Urban Development (HUD) announced​ that its Mortgagee Review Board had suspended a national mortgage lender from originating and underwriting new mortgages insured by the Federal Housing Administration (FHA).  ​HUD’s Departmental Enforcement Center also banned the lender’s owner from doing business with the federal…

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